636 Mayor MoFadden laid before the Council the following amended milk ordinance: AN ORDINANCE REGULATING THE SALE OF MILK AND MILK PRODUCTS WITHIN THE CITY OF AUSTIN, PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The ordinance was read the first time and Councilman Barker moved that the rule be suspended and the ordinance placed on its second reading. Motion was seconded by Councilmen Pannell and same carried by the following vote: Ayes, Mayor McFadden, Councilmen Barker, Mueller, Pannell, and Reed, 5; nayes, none. The ordinance was read the second time and the Council then heard a committee from the Dairymen's Association. After a lengthy discussion of the above ordinance; Councilman Barker moved that the rule be further suspended and the ordinance placed on its third reading and final passage. Motion was seconded by Councilman Reed and same carried by the following vote: Ayes, Mayor Mofadden, Councilmen Barker; Mueller, Pannell, and Reed, 5; nayes, none. The ordinance was read the third time and Councilman Barker moved that same be finally passed. Motion was seconded by Councilman Reed and same carried by the following vote: Ayes, Meyor McFadden, Councilmen Barker, Mueller, Pannell, and Reed, 5; nayes, none, Councilman Reed moved that the Council adjourn. Motion prevailed by the following vote: Ayes, Mayor Mofadden, Councilmen Barker, Mueller, Pannell, and Reed, 5; nayee, none. The Council then adjourned. C.A. M Fadden seagor Attest: Fallic lar City Clerk ! REGULAR MEETING OF THE CITY COUNCIL: Austin, Texas, November 4,1926, The Council was called to order by the Mayor. Roll call showed the following members present: Mayor MoFadden, Councilmen Mueller, Pannell, and Reed, 4; absent, Councilman Barker. The Minutes of the last meeting were read and adopted by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell and Reed, 4; nayes, none, Councilman Barker absent. Mayor McFadden laid before the Council the following resolution: WHEREAS, the Austin Public Library Association, an association of persons formed for the purpose of establishing and maintaining a public library in the City of Austin, has proposed to the City Council to erect a building upon the North half of Block 10l in the City of Austin, and to maintain therein a public library; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That permission be and same is granted to said Association to erect said building upon said premises, at the particular location to be determined by the City Manager, and to maintain and conduct in said building a library upon the condition that said library shall be open to the public , PRICES OF 410 LOTS IN EVERGREEN CEMETERY BLOOK "A" -Cont'd from page 635 LOT NO. PRICE APPRAISAL EXHIBIT "B" LOT NO. PRICE LOT NO. PRICE. 209 $25.00 282 $40.00 355 210 25.00 283 40.00 356 211 25.00 284 40.00 357 212 25.00 285 40.00 213 30.00 286 40.00 214 30.00 287 40.00 36 215 30.00 288 40.00 361 216 30.00 289 40.00 362 217 30.00 290 40.00 363 218 30.00 291 40.00 364 219 30.00 292 40.00 365 220 30.00 221 30.00 222 25.00 223 2222222222222222222222222222222222222222 26 268 2678 6666 34578901234678901234567890123456789012345 222223333333334444455555555556666666 25.00 20.00 20.00 20.00 25.00 30.00 35.00 35.00 30.00 25.00 20.00 20.00 20.00 25.00 25.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 30.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 20.00 269 20.00 270 20.00 271 20.00 272 20.00 273 20.00 274 20.00 275 20.00 276 25.00 277 50.00 278 40.00 279 40.00 280 40.00 281 40.00 2222222MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM333 293 40.00 366 294 40.00 367 295 40.00 368 296 40.00 369 297 40.00 370 298 40.00 372 299 40.00 372 567890123456789012 $ 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 300 40.00 373 40.00 301 40.00 374 40.00 302 40.00 375 40.00 303 40.00 376 35.00 304 30.00 377 35.00 305 30.00 378 30.00 306 25.00 379 30.00 307 25.00 381 30.00 309 25.00 382 35.00 310 30.00 383 35.00 311 35.00 384 40.00 312 40.00 385 50,00 313 40.00 386 40.00 314 35.00 87 40.00 4455555 111122222222223MMMMM333334オオオオオオオー 30.00 388 30.00 25.00 390 30.00 25.00 391 35.00 30.00 392 40.00 35.00 393 45.00 35.00 394 50.00 40.00 395 50.00 40.00 396 50.00 40.00 397 50.00 40.00 398 50.00 40.00 399 50.00 40.00 400 50.00 40.00 401 50.00 40.00 402 50.00 40.00 403 50.00 40.00 404 50:00 40.00 405 50.00 40.00 406 50.00 40.00 407 50.00 40.00 408 50.00 40.00 409 50.00 40.00 410 50.00 40.00 411 50.00 40.00 412 50.00 40.00 413 50.00 40.00 414 50.00 40.00 415 50.00 40.00 416 50.00 40.00 417 50.00 5 40.00 418 50.00 40.00 419 50.00 40.00 420 60.00 50.00 50.00 Total $10920.00 50 40.00 51 40.00 40.00 40.00 54 40.00 637 638 : : at all reasonable hours, and the privileges to which shall be free. BE IT FURTHER RESOLVED: That this permission is granted with the understanding that the conduct of the affairs of such library is subject to such supervision and control as the City may undertake, and that the privileges herein granted may at any time be revoked. Councilman Reed moved that the above resolution be adopted. Motion prevailed by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller, Pannell, and Reed, 4; nayes, none, Councilman Barker absent. Mayor McFadden laid before the Council the following ordinance for its second reading: AN ORDINANCE REGULATING TRAFFIO ON THE STREETS OF THE CITY OF AUSTIN, CUMULATIVE OF CERTAIN ORDINANCES HERETOFORE ORDAINED, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PRESCRIBING PENALTIES. The above ordinance was read the second time and Councilman Reed moved a suspension of the rule and the ordinance placed on its third reading and final passage. Motion was seconded by Councilman Mueller and same carried by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nayes, none, Councilman Barker absent. The ordinance was read the third time and Councilman Reed moved that same be finally passed. Motion was seconded by Councilman Pannell and carried by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nayes, none, Councilman Barker absent. The Mayor laid before the Council the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: That for good and sufficient reasons unto the City Council shown, the costs, amounting to the sum of ten and 80/100 dollars, in each of the following numbered cases convicted for violation of the traffic laws of the City of Austin , Texas, are hereby remitted. No. 22296 Marvin Chapman No. 22324 W. E. James No. 22525T. B. Walling No. 22526 E. W. Spencer No. 22529H. M. Houston No. 22530 Mrs. C. M. Maud No. 22534 W. R. Kukendahl No. 22535 Marion Griffith No. 22536 - Enola Baldwin No. 22537 A. H. Habib No. 22542-J. F. Gullette No. 22543 Carl M. Rosenquist No. 225440. H. Bernstein No. 22545 - Elizabeth Moore No. 22546R. Inge No. 22547G. L. Brelsford No.22625 A. B. King No.22627- Nick Jordan No.22628 Estelle Hudson No.22629 Mrs.G.R.Bennett No.22630 Mrs.E.T.Schneider No.22631O. B. Crowell No.22632 G. C. Hunt No.22633 Francis Seelig No.22634G. E. Russ No.22635 Richard Corner, Jr. No.22637 Herbert Ash No.22640 - Carl H. Sward No.22641 Edward Watterson No.22642M. L. Gardner No.22646 W. J. Hirsh No.22647 No.22648 No.22649 Temple J.Duderstadt James B.Perry Albert B. Buck No.22650 Mrs.M.H.Oravens No.22651-Allen Litton No.22652 P. B. Studdert No. 22548 L. Poindexter No. 22549H. W. Bull No. 22550 W. J. Stork No. 22551R. O. Smith No. 22552J. D. Ansley No. 22560 Reuben Hardeman No.22653 No. 22561 Wyatt Scott Hughes No.22654 No. 22562 Carmigo Yanerro No.22655 No. 22565J. D. Carter No.22656 A.V.Knight Noyes D.Smith, Jr. Howard Work Diok Smith No. 22566 E.E.Wheless No. 22567 Adelaide Wattinger No.22658 No. 22569 M. R. Newton No. 22570 Dan E. Root No.22659 No.22660 No. 22571 Billy Wyве No. 22572 Mrs.Geo. Felter No.22665 W. E. Long No. 22573 Mrs.Banks MoLaurin No.22666 No.22657 J. M. Laybourn E.E.Bustin Mrs.R.E.Carrington John Monk No.22661W. V. Brenizer Jack Webster No. 22574 Royse Pember No.22667 Mrs.A.V.Riley No. 22580 D. D. Bastian No.22668 Perry J.Lewis No. 22581 John L. Lewis No.22669 Sam B. Frank No. 22582 Clark Campbell No.22670 Fred Hanley No. 22583 Geo. A. Greia No.22674 T. B. Parsons No. 22584 Sam R. Fisher No.22675 Sam Bashara 639 640 No. 22585- Ed Murray No.22686 Mrs. Roy Barbisch No. 22586- Harry Smith No.22687 Sam Body No. 22587-R. E. MoClellan No.22692 Mike Arredondo No.22693 John Stofer No.22694 Frank L.Tucker No.22695 Louis Herrerra No. 22598- W. T. Whiteside No. 22599- Bob Keel No. 22600- Lon Curtis No. 22602--Lewis Terrell No. 22603-J. O. Muckleroy No. 22605-A. G. Elliott No. 22606-H. O. Lucksinger No. 22607- Douglass MoGregor No. 22608-D. R. Benton No. 22609-Alice Olle No. 22610-T. S. Hi11 No. 22612- W. J. Bledsoe, Jr. No. 22613-T. C. McCall No. 22612- H. W. Hoefgen No. 22622-8. T. Stone No. 22622-H. Kelton No. 22623-W. T. Owens No. 22624- Genieve Mayes No.22696 Bob Weir No.22697 Lightsey Sestrom No.22698- Joe Herrerra No.22699- John Hardeson No.227000. C. Fisher No.227018. L. Houston No.22703-J. L. Franklin Councilman Reed moved that the above resolution be adopted. Motion prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nayes, none, Councilman Barker absent. The Council instructed Judge Ed R. Kone, City Recorder, and J. Bouldin Rector, City Attorney, to make such investigations to determine what is necessary to be done in order to give the Corpогаtion Court of the City of Austin concurrent jurisdiction with the County Court in the matter of appeals direct from the city court to the Court of Oriminal Appeals of the State of Texas. 01ty Manager Johnson advised the Council that a plan had been worked out whereby the Oity could make water, light and sewer extensions to parties outside of the city limits without expense to the Oity and the City to acquire ownership of such lines. Councilman Reed moved that the time for enforcing the ordinance requiring the removal of gasoline pumps and storage tanks from the streets and sidewalks of the City be extended to December 6th, 1926. Councilman Pannell seconded the motion, and same prevailed by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller, Pannell, and Reed, 4; nayes, none, Councilman Barker absent. The Mayor laid before the Council the following resolution: WHEREAS, it has been made known to the City Council that a portion of 50 feet by 128.4 feet out of Lots Nos. 1, 2 and 3, Block 148, City of Austin, Texas, is not used for parsonage purposes by the First M. E. Church South, but has been set aside for the erection of improvements in connection with the church and the Sunday School work of said churoh, and that upon the west part of said property there is now located a building which is used exclusively for religious purposes; and WHEREAS, said property has heretofore been assessed as used entirely for parsonage purposes at the valuation of Ten Thousand Dollars ($10,000.00) for the years 1922, 1923, 1924, and 1925; and WHEREAS, it is the purpose and intent that said assessments for said years should each be reduced to Five Thousand Dollars ($5,000.00); Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF AUSTIN, TEXAS: That said assessment on said property for said years be each reduced to Five Thousand Dollars ($5000.00) and that the City Tax : 641 Assessor and Collector be instructed to make such correction on his books, and that upon the payment of taxes for said years, upon such corrected assessment, tax receipts shall issue therefor. The above resolution was adopted by the following vote: Ayes, Mayor MoFadden, Councilmen Pannell, and Reed, 3; nayes, Councilman Mueller; absent, Councilman Barker. City Manager Johnson laid before the Council the application of the Magnolia Petroleum Company to move the gasoline pump and tank installed at 108 West 41st Street back on the private property of the owner, in compliance with the city ordinance requiring the removal of gasoline tanks and pumpe from the streets and sidewalks; also the recommendation of the Safety Committee upon same. Councilman Reed moved that same be granted, subject to the recommendations of the Safety Committee. Motion prevailed by the following vote: Ayes, Mayor MoFadden, Councilmen Mueller Pannell, and Reed, 4; nayes, none, Councilman Barker absent. Oity Manager Johnson laid before the Council the application of V. R. Ramsey to erect a drive-in gasoline filling station on his property at 1600 Rosewood Avenue, together with the recommendations of the Safety Committee upon same. Councilman Reed moved that the application be granted, subject to the recommendations of the Safety Committee Motion prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nayes, none, Councilman Barker absent. City Manager Johnson laid before the Council the application of the Magnolia Petroleum Company to install a gasoline pump and tank for the Austin Brick & Tile Company at 2023 East 5th Street, together with the recommendations of the Safety Committee. Councilman Reed moved that the above application be granted, subject to the recommendations of the Safety Committee. Motion prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nayes, none, Councilman Barker absent. City Manager Johnson laid before the Council communication from Capt. A. H. Stramler, Chairman Armistice Day Parade, inviting the City Council to participate in the Armistice Day Parade. City Council authorized Oity Manager Johnson to have warrant of the City, in the amount of $100.00, issued to the Altenheim as City's contribution to this organization for the year 1926, by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nayes, none, Councilman Barker absent. Oity Manager Johnson laid before the Council the matter of installing gas at the South Austin Fire Hall, and advised that the cost of same would be $107.00. The Council instructed the City Manager to ascertain what the cost of heating said fire hall with electricity would be. City Manager Johnson advised the Council that estimates had been made by the Assistant City Engineer for the paving of Duval Street from the south side of 262 Street to the north side of 43rd Street, the cost of said paving to be paid for by the property owners and the city to build storm sewers and prepare the streets. 642 Mayor MoFadden laid before the Council the following report of the Texas Power & Light Committee: To the Honorable City Council of the City of Austin: Sirs: "Austin, Texas, November 1,1926. Since its appointment this committee has considered with such care as the time at its disposal would permit the difference between one important provision of the original contract proposed by Texas Power & Light Company to be made between it and the City of Austin, and the same matter as it is stated in the new proposal made by that Company to the City on October 20, 1926. Section 19 of the original proposal of the Company to the City was in substance that at the expiration of twenty-five years after the Company should have completed the dam the City should have the right, upon payment in cash to the Company of one-half of all sume paid out by the Company in acquiring the properties of Austin Dam, Inc. (the assignee of William D. Johnson) and in the rehabilitation, reconstruction, repair, and completion of the dam and the hydro electric generating station, and all additions, betterments and improvements thereto, to terminate the interest of the Company in these properties and its control over them. This proposal was also that if the City did not make such payment at the expiration of said period of twenty-five years, the Company should continue its ownership of the dam and hydro electric station, and the exercise of the privileges and rights granted to it relating to the operation and control of them, for an additional period of twenty-five years, but that at the expiration of this second period of twenty-five years, that is, at the expiration of fifty years from the date of the completion of the dam, the dam and the hydro electric station, and all interest which the Company had in the dam and the station, should revert to and become the absolute property of the City of Austin, fre from any right or privilege to them in the Company, and without the payment by the Oity to the Company of any sum of money. Restated briefly, this original proposal was that at the end of twenty-five years after the completion of the dam the City could terminate the Company's interest in and right to use or operate the dam and power station by paying to the company one-half the sum the Company had actually paid out in constructing and completing these properties and in acquiring the Johnson rights; that if the City did not choose to make this payment at that time, it should, nevertheless, at the expiration of fifty years from the date of the completion of the dam become the absolute owner of these properties without the payment by it of any sum to the Company, and that the Company's rights should automatically expire and terminate at that date. The foregoing proposal of the Company has been withdrawn by it and is now changed by the Company in the following respects: 1. In order for the City to re-acquire title to the dam and the hydro electric generating station, and to terminate the Company's right to use and operate these properties, the City must pay to the Company, at the expiration of twenty-five years from the date of the completion of the dam, in cash, the full sum paid out by the Company in acquiring the Johnson rights, and in repairing, constructing, completing, etc., the dam and hydro electric generating station. 2. If the Oity shall not make payment of this sum at the expiration of said period of twenty-five years, the absolute title in and to the dam, dam site and hydro electric station, and all riparian rights now owned by the City shall pass to and vest in the Company. The City's ownership, and the privileges and rights incident to its ownership in these properties will thereupon terminate. All right to these properties now owned by the City will be divested out of the City and will then vest in the Company, or its assigns. 3. Upon the acceptance by the City of the Company's present propoвal, the Company offers to pay the City a sum of money. The amount has not been stated by the Company. This money must be returned by the City to the Company at the expiration of twenty-five years from the date of the completion of the dam if the City shall then elect to pay the Company the amount the Company has expended in acquiring the Johnson rights and in reconstructing and completing the dam and power station. This sum of money is delivered to the City as a loan without interest if the City shall elect to acquire the Company's titles and rights in the dam and power station at the end of twenty-five years, and upon such election by the City, must be repaid by the City to the Company as a sum additional to the full sum paid out by the Company for the dam rights, and on the dam and power station. 4. However, if the City shall not elect at the end of twenty-five years from the date of the completion of the dam to acquire the Company's rights in the dam and power station, the sum paid by the Company to the City shall not be repayable to the Company, but shall then become the property of the City. In the foregoing statement we have referred only to those portions of the original proposal and the new proposal made by the Company which relate immediately to the re-acquirement by the City of its dam and hydro electric generating station, the cost of such re-acquirement, and the termination of the Company's rights in and to said properties. The represen: 1 1 643 tative of the Company has stated to this committee that the Company cannot and will not make a contract with the Oity involving the rebuilding of the dam by the Company, the terms or effect of which contract will be that the City shall re-acquire ownership and control of the dam properties at any time except upon payment to the Company of the full amount expended by it for the items enumerated above and the repayment to the Company of its loan to the City. Because of the terms and effect of the Company's proposal of October 20, 1926, and because of this statement of the Company's representative we have not felt that the provisions of the proposal relating to other mattere demand our consideration until the attitude of the present City Council and of the citizens of Austin concerning this phase of the present proposal shall become known. You will observe that under the present proposal from the Company the City can re-acquire its ownership of and control over the dam and hydro electric generating station at one time only, that is, at the expiration of twenty-five years after the date of the completion of the dam; and then only by then paying to the Company in cash the full sum theretofore paid by the Company in acquiring the Johnson rights, and in repairing and constructing the dam and hydro electric station, and also then repaying the sum loaned by the Company to the City. What the total of these sume will be we do not know, but it probably will be in excess of one million dollars. Should the City not then make this payment ite right to again become the owner of the dam properties will then terminate. The dam and hydro electric generating station and dam site properties will then belong to the Company absolutely. However, advantageous to the City the other provisions of the Company's proposal may be considered, the members of this committee feel serious doubt as to the willingness of our citizens to enter into any contract, the possible result of which can be the loss of ownership of and control over the dam, dam properties, water power, and hydro électric generating station. We feel that your Honorable body and all the citizens should first give this matter earnest consideration. If it be concluded by yourselves and the rest of our citizens that under certain conditions the City of Austin will be willing to enter into a contract that may result in loss of ownership of the dam properties, we then shall be glad to give this and the other provisions of the proposal made by the Company our best study; but we feel that this matter should be determined first. Respectfully, (Sgd) J. B. Pope V. H. Pannell A. C. Baldwin J. H. Hart. Councilman Reed moved that the above report be received and filed and the City continue its negotiations with said Texas Power & Light Company. Motion prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nayes, none, Councilman Barker absent. Councilman Reed moved that the Council adjourn. Motion prevailed by the following vote: Ayes, Mayor McFadden, Councilmen Mueller, Pannell, and Reed, 4; nayes, none, Councilman Barker absent. The Council then adjourned. P.IV. IM Juddin mayor sfaleie meteeran Attest: Y City Clerk